The Sunnica Energy Farm Order 2024

SCHEDULE 2 REQUIREMENTS

Article 2 Interpretation 1 In this Schedule— “both relevant county authorities” means Cambridgeshire County Council and Suffolk County Council each being the relevant county authority for part of the authorised development; “both relevant planning authorities” means East Cambridgeshire District Council and West Suffolk Council each being the relevant planning authority for part of the authorised development; and “the offsetting habitat provision for stone curlews specification” means the specification of that name in annex F to the outline landscape and ecology management plan. Commencement of the authorised development 2 The authorised development must not be commenced after the expiration of five years from the date this Order comes into force. Phasing of the authorised development and date of final commissioning 3 (1) No part of the authorised development may commence until a written scheme setting out the phase or phases of construction of the authorised development has been submitted to and approved by both relevant planning authorities. (2) The scheme submitted pursuant to sub-paragraph (1) must include a timetable for the construction of the phase or phases of the authorised development. (3) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved and— (a) Work No. 2A may not be brought into commercial use without Work No. 1A also being brought into commercial use; (b) Work No. 2B may not be brought into commercial use without Work No. 1B also being brought into commercial use; and (c) Work No. 2C may not be brought into commercial use without Work No. 1C also being brought into commercial use. (4) In respect of the phase or phases, the undertaker must give notice to both relevant planning authorities within seven days of the date of final commissioning that final commissioning of the phase or, where there is more than one phase, each phase has taken place. Requirement for written approval 4 Where any approval, agreement or confirmation is required under any requirement, that approval, agreement or confirmation must be provided in writing. Approved details and amendments to them 5 (1) With respect to the documents certified under article 37 (certification of plans and documents, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “approved documents, plans, details or schemes”), the undertaker may submit to the relevant county authority or relevant planning authority or both relevant county authorities or both relevant planning authorities (as applicable) for approval any amendments to any of the approved documents, plans, details or schemes and, following approval by the relevant county authority or relevant planning authority or both relevant county authorities or both relevant planning authorities (as applicable), the relevant approved documents, plans, details or schemes is to be taken to include the amendments as so approved pursuant to this paragraph. (2) Approval under sub-paragraph (1) for the amendments to any of the approved documents, plans, details or schemes must not be given except where it has been demonstrated to the satisfaction of the relevant county authority, the relevant planning authority or both relevant county authorities or both relevant planning authorities (as applicable) that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement. Detailed design approval 6 (1) No phase of the authorised development may commence until details of— (a) the layout; (b) scale; (c) proposed finished ground levels; (d) external appearance, including for Work No. 2, Work No. 3 and Work No. 8 how the appearance has sought to take account of the local landscape, or where this has not been possible, an explanation of why this has not been possible; but nothing in this sub-paragraph requires the undertaker to require products not currently available on the commercial market to be specifically produced for the authorised development; (e) hard surfacing materials; (f) vehicular and pedestrian access, parking and circulation areas; (g) refuse or other storage units, signs and lighting; (h) drainage, water, power and communications cables and pipelines; (i) how the design of that phase has taken account of either— (i) the arboricultural impact assessment; or (ii) for those trees that have not already been assessed in the arboricultural impact assessment, updated tree surveys for locations within that phase where arboricultural impacts are likely, such surveys to be carried out prior to the submission of these details and to be submitted as part of these details; (j) programme for landscaping works; (k) the pre-commencement condition survey of all public rights of way affected by haul road or cable route crossings has been completed in accordance with 5.2.11 of the framework construction traffic management plan and travel plan, and a reinstatement plan of the public rights of way surfaces and widths agreed; (l) how the design of that phase has taken account of predicted noise and vibration effects and mitigation proposed; and (m) the anti-reflective coating to be used on the solar modules in Work No. 1, relating to that phase have been submitted and approved in writing by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities. (2) The details submitted must accord with the design principles, the landscape and ecology management plan for the relevant phase approved under requirement 8 and the flood risk assessment. (3) The authorised development must be carried out in accordance with the approved details. (4) The details for Work No. 2 must accord with the approved battery fire safety management plan under requirement 7 and appendix 16D of the environmental statement. Fire safety management 7 (1) Work No. 2 must not commence until a battery fire safety management plan (“BFSMP”) has been submitted to and approved by both relevant county authorities. (2) The BFSMP must prescribe measures to facilitate safety during the construction, operation and decommissioning of Work No. 2 including the transportation of new, used and replacement battery cells both to and from the authorised development. (3) The BFSMP submitted under sub-paragraph (1) must be substantially in accordance with the outline battery fire safety management plan. (4) Both relevant county authorities must consult with the Cambridgeshire Fire and Rescue Service, the Suffolk Fire and Rescue Service and the Environment Agency before determining an application for approval of the BFSMP. (5) The BFSMP must be implemented as approved and maintained throughout the construction and operation of the authorised development. Landscape and ecology management plan 8 (1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising vegetation removal may start, until a written landscape and ecology management plan has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with Natural England and Historic England. (2) The written landscape and ecology management plan submitted under sub-paragraph (1) must be substantially in accordance with the outline landscape and ecology management. (3) The landscape and ecological management plan must include details of— (a) how the plan will secure a minimum of 10% biodiversity net gain during the operation of the authorised development; and (b) how the landscaping and ecological measures will be managed and maintained during the operational life of the authorised development to the date on which the decommissioning environmental management plan is implemented pursuant to requirement 22 (decommissioning and restoration). (4) The landscape and ecology management plan must be implemented as approved and maintained throughout the construction and operation of the authorised development. Implementation and maintenance of landscaping 9 All landscaping works must be carried out in accordance with the landscape and ecological management plan approved under requirement 8 (landscape and ecology management plan). Stone curlew 10 (1) No part of Work No. 10 may commence until an update of the offsetting habitat provision for stone curlews specification has been submitted to and approved by both relevant planning authorities, such approval to be in consultation with Natural England. (2) The specification submitted under sub-paragraph (1) must be substantially in accordance with the offsetting habitat provision for stone curlew specification. (3) No part of Work Nos. 1A, 1B, 2A, 2B, 3A, 3B, 6A, 6B, 7A, 7B, 8A and 8B may commence until the undertaker has provided the offsetting habitat provision for stone curlews in accordance with the update of the offsetting habitat provision for stone curlews specification. (4) The undertaker must maintain the offsetting habitat provision for stone curlews in accordance with the update of the offsetting habitat provision for stone curlews specification approved pursuant to sub-paragraph (1) throughout the construction and operation of the authorised development and during the carrying out of decommissioning works. Fencing and other means of enclosure 11 (1) No phase of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the framework construction environmental management plan, for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities. (2) No phase of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities. (3) For the purposes of requirement 11(1), “commence” includes any permitted preliminary works. (4) Any construction site must remain securely fenced in accordance with the approved details under paragraph 11(1) at all times during construction of the authorised development. (5) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used. (6) Prior to the date of final commissioning of any phase, any permanent fencing, walls or other means of enclosure for that phase approved pursuant to sub-paragraph (2) must be completed and properly maintained for the operational lifetime of the part of the authorised development enclosed by the permanent fencing, walls or other means of enclosure. Surface and foul water drainage 12 (1) No phase of the authorised development may commence until details of the surface water drainage strategy (including the results of the infiltration testing) and (if any) foul water drainage system (including means of pollution control) for that phase have been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities such approval to be in consultation with both relevant planning authorities or the relevant planning authority (as applicable), the relevant internal drainage board and Anglian Water (in respect of its sewerage undertaker functions). (2) The surface water drainage strategy submitted under sub-paragraph (1) must be substantially in accordance with the drainage technical note and include details of bunded lagoons as required by the battery fire safety management plan approved pursuant to requirement 7. (3) Any strategy approved pursuant to sub-paragraph (1) must be implemented as approved and maintained throughout the construction and operation of the authorised development. Archaeology 13 The authorised development must be carried out in accordance with the detailed archaeological mitigation strategy. Construction environmental management plan 14 (1) No phase of the authorised development may commence until a construction environmental management plan for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with the relevant highway authority, Natural England and the Environment Agency. (2) The construction environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the framework construction environmental management plan. (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a construction resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials. (4) For the purposes of requirement 14(1), “commence” includes any permitted preliminary works comprising above ground site preparation for temporary facilities for the use of contractors and site clearance (including vegetation removal, demolition of existing buildings and structures). (5) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan. Operational environmental management plan 15 (1) Prior to the date of final commissioning for any phase, an operational environmental management plan for that phase must be submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with the relevant highway authority, Natural England and the Environment Agency. (2) The operational environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the framework operational environmental management plan. (3) The operation of the authorised development must be carried out in accordance with the approved operational environmental management plan. Construction traffic management plan and travel plan 16 (1) No phase of the authorised development may commence until a construction traffic management plan and travel plan for that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities. (2) The construction traffic management plan and travel plan submitted under sub-paragraph (1) must be substantially in accordance with the framework construction traffic management plan and travel plan. (3) The construction traffic management plan and travel plan must be implemented as approved and maintained until the date of final commissioning. (4) No part of the permitted preliminary works for each phase may start until a permitted preliminary works traffic management and access plan for the permitted preliminary works for that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities. (5) The permitted preliminary works traffic management and access plan must be implemented as approved during construction. Operational noise 17 (1) No phase of the authorised development may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities. (2) The design as described in the operational noise assessment must be implemented as approved throughout construction and maintained during the operation of the authorised development. Ground conditions 18 (1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising demolition of existing structures, environmental surveys, geotechnical surveys and other investigations for the purpose of assessing ground conditions only may start, until a written strategy in relation to the identification and remediation of any risks associated with contamination for that phase has been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities. The written strategy must include geo-environmental investigations which must be designed with due consideration of the requirements of BS 10175:2011: +A2 2017: Investigation of Potentially Contaminated Sites – Codes of Practice (BSI). (2) If, during the carrying out of the authorised development, contamination not previously identified is found to be present no further development (unless otherwise agreed in writing with the relevant planning authority) may be carried out on the areas on which the contamination has been found until a remediation strategy detailing how such contamination must be dealt with has been submitted to and approved by the relevant planning authority. (3) The strategy submitted pursuant to sub-paragraphs (1) and (2) must— (a) include a site investigation scheme, based on the preliminary risk assessment set out in chapter 16 of the environmental statement and providing details of the detailed risk assessment to be carried out for the receptors on or in the vicinity of the Order limits that may be affected by the authorised development; (b) set out how the outcomes of the site investigation scheme and detailed risk assessment carried out pursuant to paragraph (a) will be reported, and provide for the submission and approval by the relevant planning authority or both relevant planning authorities of an options appraisal and remediation strategy based on such outcomes and providing details of any remediation measures required and how they are to be carried out; and (c) include a verification plan identifying the data to be collected in order to demonstrate that the remediation measures set out in the options appraisal and remediation strategy prepared pursuant to paragraph (b) have been completed and are effective, and any requirement for long term monitoring of pollutant linkages, maintenance or arrangements for contingency action. (4) The authorised development must be carried out in accordance with the strategies approved pursuant to sub-paragraph (1) and any remediation strategy approved pursuant to sub-paragraph (2). Water management plan 19 (1) No phase of the authorised development may commence until a water management plan for the construction of that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities, such approval to be in consultation with both relevant planning authorities or the relevant planning authority (as applicable) and the relevant internal drainage board. The water management plan must include— (a) details as to the management of water use and discharge during construction; (b) measures to manage surface water runoff during construction; (c) details as to the drainage system during construction; (d) details of water quality monitoring during construction; (e) a spill plan and details for pollution prevention including details on the training and tool box talks; and (f) roles and responsibilities. (2) The water management plan must be implemented as approved and maintained throughout the construction of the authorised development. Skills, supply chain and employment 20 (1) No phase of the authorised development may commence until a skills, supply chain and employment plan in relation to that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities. (2) The skills, supply chain and employment plan submitted under sub-paragraph (1) must be substantially in accordance with the outline skills, supply chain and employment plan. (3) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development, and the means for publicising such opportunities. (4) The skills, supply chain and employment plan must be implemented as approved and maintained throughout the construction and operation of the authorised development and during the carrying out of decommissioning works. Permissive paths 21 (1) Prior to the construction of the permissive paths, the undertaker must submit the permissive path details to the relevant planning authority for approval, such details to cover— (a) final routing of each permissive path to be provided, such routing to be substantially in accordance with the routing as shown on the plans contained within the outline landscape and ecological management plan; (b) the specification of each permissive path; and (c) the maintenance regime for each permissive path. (2) Where a phase of the authorised development includes a permissive path or paths, the permissive path or paths must be provided and open to the public prior to the date of final commissioning in respect of that phase. (3) The permissive paths must be provided and maintained by the undertaker in accordance with the permissive path details and retained until the part of the authorised development in which the permissive path is located is decommissioned pursuant to requirement 22. Decommissioning and restoration 22 (1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, or no later than 6 months before the 40th anniversary of the date of final commissioning, whichever is the earlier, the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire) for approval a decommissioning environmental management plan for that part. Decommissioning will commence no later than 40 years following the date of final commissioning. (2) The decommissioning environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the relevant part of the framework decommissioning environmental management plan. (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials. (4) No decommissioning works must be carried out until the relevant planning authority or both relevant planning authorities (as applicable) has or have approved the plan submitted under sub-paragraph (1) in relation to such works. (5) The plan submitted and approved pursuant to sub-paragraph (1) must be implemented as approved. (6) Within 28 days of ceasing operations at any part of the authorised development the undertaker must notify the relevant planning authority (or both relevant planning authorities where that part falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire) in writing of the date it ceased operations for that part. (7) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development. Crash site exclusion area 23 (1) No part of the authorised development may take place within the crash site exclusion area. (2) Work No. 1A must not commence until the undertaker has confirmed to Cambridgeshire County Council that either— (a) a licence under the Protection of Military Remains Act 1986 has been obtained in respect of the carrying out of Work No. 1A within the potential expanded crash site exclusion area; or (b) a licence under the Protection of Military Remains Act 1986 has not been obtained in respect of the carrying out of Work No. 1A and that therefore no part of the authorised development will take place within the potential expanded crash site exclusion area. (3) If the undertaker makes a confirmation under sub-paragraph (2)(b) then no part of the authorised development is to take place within the potential expanded crash site exclusion area. (4) The date of final commissioning of Work No. 1A must not take place until a bomber crash site interpretation scheme has been submitted to and approved by Cambridgeshire County Council, in consultation with Isleham Parish Council, and the undertaker has carried out the bomber crash site interpretation scheme. (5) For the purposes of this paragraph ‘bomber crash site interpretation scheme’ means a scheme which— (a) sets out the location, design and content of an interpretation board and commemorative plaque relating to the history of the bomber crash that took place within the limits of deviation of Work No. 1A in October 1949; and (b) includes an explanation of how the scheme will work with and be consistent with the detailed landscape and ecology management plan that has been approved pursuant to requirement 8 in respect of a phase of the authorised development that includes Work No. 1A. Public rights of way 24 (1) The undertaker must not exercise the power conferred by article 11(1) and 11(3) (temporary closure of public rights of way) of this Order in relation to a public right of way until the scope of the pre-commencement condition surveys for the extents of that public right of way have been submitted to and approved by the relevant county authority, or where the extents of the relevant public right of way falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities. (2) The condition survey must be carried out substantially in accordance with the scope approved pursuant to sub-paragraph (1) and the outcomes of the survey must be submitted to the relevant county authority, or where the relevant public right of way falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities. (3) The undertaker must not exercise the powers conferred by article 11(1) and 11(3) (temporary closure of public rights of way) of this Order until a scope of the reinstatement plan for the extents of the public rights of way in relation to which the undertaker proposes to exercise the powers conferred by article 11(1) or 11(3) within the pre-commencement surveys approved pursuant to sub-paragraph (1) and a timeline for the reinstatement works has been submitted to and approved by the relevant county authority, or where the extents of the relevant public right of way in relation to which the undertaker proposes to exercise the powers conferred by article 11(1) or 11(3) falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.